• Journal of Arbitration Studies
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• v.29 no.1
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• pp.71-89
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• 2019

When the host states do not comply with the investor-state arbitral awards voluntarily, it is difficult for the successful claimants to seek the enforcement of arbitral awards against the host state because of the doctrine of state immunity. This raises a question whether the investors might be able to seize the assets of the state-owned enterprises, as well as those of the host states. The investors might consider the properties held by state-owned enterprises as an attractive target especially when it has been established that the host state is responsible for the act of its state-owned enterprise. In such case, the investor might argue that the close relationship between the state-owned enterprise and the host state has already been recognized so that the commercial assets of the state-owned enterprise could be subject to attachment. On the other hand, the host state might argue that the state-owned entity exists separately from the state, and thus its assets cannot be equated with those of the host state. Moreover, even if this argument is not accepted and, as a result, the properties of the state-owned entity is equated with those of the host state, the host state might still be able to argue that non-commercial assets of the state-owned enterprise are immune from execution.

• Food Science and Industry
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• v.53 no.1
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• pp.101-115
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• 2020

Korea has been managed HACCP with food and livestock products separately, but it was incorporated into food and livestock product safety management certification standard in 2015. Currently, the notification is unified, but food sanitation act and the livestock products sanitary control act are not unified. These differences are leading to complaints from food and livestock corporation. In this review, the food sanitation act, enforcement regulations of the food sanitation act, the livestock products sanitary control act and enforcement regulations of the livestock products sanitary control act were compared and analyzed to identify the part which requires unification. As a result of the survey, the thirteen clauses were proposed to unify in the food sanitation act and the livestock products sanitary control act. The nineteen clauses were proposed to unify in enforcement regulations of the food sanitation act and enforcement regulations of the livestock products sanitary control act.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.47-70
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• 2022

This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of the kinds of situation that can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court can be required to present existing court decisions in support of their claim or defence.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.12 no.6
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• pp.68-77
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• 2013

This study suggested experimental study results of congestion detection method for intruding vehicle enforcement system. This congestion detection method is developed to determine optimal operation criteria of intruding vehicle enforcement system as detecting traffic congestion. In ITS sector, traffic management systems generally have used a sectional travel speed for congestion detection. However, image sensors have high error rate of congestion detection because of speed error. This study suggested comprehensive congestion detection criteria based on speed and occupancy rate using field studies. As field study results, the proposed intruding vehicle enforcement system using image sensor is capable of accurately detecting the traffic congestion using sectional speed of 20km/h and occupancy rate of 60% as congestion detection criteria.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.51-88
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• 2006

The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.49-58
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• 2014

The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.35
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• pp.101-124
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• 2007

This paper purposes to examine the setting aside and the refusal of enforcement of arbitral awards and their implications for practitioners. The aim of challenging an award before a national court at the seat, or place, of arbitration is to have it modified in some way by the relevant court, or more usually, to have that court declare that the award is to be disregarded (i.e. "annulled" or "set aside") in whole or in part. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable, not only by the courts of the seat of arbitration but also by national courts elsewhere. This is because, under both the 1958 New York Convention and the UNCITRAL Model Law, the competent court may refuse to grant recognition and enforcement of an award that has been "set aside" by a court of the seat of arbitration. The New York Convention set out various grounds for refusal of recognition and enforcement of an arbitration award. The provisions of the Model Law governing recognition, enforcement or setting-aside of awards are almost identical to those set out in the Convention. Especially, the New York Convention and the Model Law state that an arbitral award may be refused and set aside if a national court of the place of arbitration finds that the award is in conflict with the public policy of its own country. Each state has its own concept of what is required by its "public policy". It is possible to envisage, for example, a dispute over the division of gaming profits from a casino. In many states, the underlying transaction that led to the award would be regarded as a normal commercial transaction and the award would be regarded as valid. Indeed, it is a consistent theme to be found in the legislation and judical decision of many countries. If a workable definition of "international public policy" could be found, it would provide an effective way of preventing an award in an international arbitration from being set aside and refusal for purely domestic policy consideration.

• Journal of Korea Multimedia Society
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• v.11 no.4
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• pp.516-524
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• 2008

This paper presents a new modeling technique for the simulation of cloth specific characteristics with a set of hard constraints using an implicit constraint enforcement scheme. A conventional explicit Baumgarte constraint stabilization method has several defects. It requires users to pick problem-dependent coefficients to achieve fast convergence and has inherent stabilization limits. The proposed implicit constraint enforcement method is stable with large time steps, does not require problem dependent feed-back parameters, and guarantees the natural physics-based motion of an object. In addition, its computational complexity is the same as the explicit Baumgarte method. This paper describes a formulation of implicit constraint enforcement and provides a constraint error analysis. The modeling technique for complex components of cloth such as seams, buttons, sharp creases, wrinkles, and prevention of excessive elongation are explained. Combined with an adaptive constraint activation scheme, the results using the proposed method show the substantial enhancement of the realism of cloth simulations with a corresponding savings in computational cost.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.11 no.6
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• pp.23-30
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• 2012

In this paper, we suggested the integration between automatic enforcement system and UTIS(Urban Traffic Information System) base station. UTIS base station and automatic enforcement system are different in the height of installation and the type of communication network. UTIS base station is 25 meter high and communicate with center system by optical network. Whereas automatic enforcement system is 6.6 meter high and communicate with center system by rental network. For the purpose of suggesting the efficient method of integration, research was as in the following. We found that the number of integrated system was 1,628 through the present state of analysis and UTIS equipment was satisfied with the required specifications through field testing. Also we suggested the appropriate configuration of the integrated system and analyzed that the cost of the integrated system installment is 1/5 lower than that of the legacy system installment.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.131-152
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• 2018

On October 31, 2013, the Singapore Court of Appeals handed down a landmark decision in the case of PT First Media TBK v Astro Nusantara International and Others [2013] SGCA 57. The case arose out of an arbitration in Singapore involving the Malaysian conglomerate Astro and the Indonesian conglomerate Lippo, which culminated in a USD 250 million award in favor of Astro. The final award was given to three Astro subsidiaries who were not parties to the arbitration agreement, but who were joined in the arbitration pursuant to an application by Astro. Lippo then applied to the Singapore High Court to set aside the enforcement orders. The Court of Appeals, however, reversed the High Court's decision, and found that Astro was only entitled to enforce the awards. Also, the Court of Appeals undertook a detailed analysis of the use of active and passive remedies to defeat an arbitral award at the seat and the place of enforcement, respectively. It also touches on the innovation of forced joinders of third parties in arbitrations, which have garnered significant interest in the arbitration community. This decision is therefore expected to have a significant impact on the practice of international arbitration, including in relation to how awards can be enforced or defeated, as the case may be.